Can I Confront An Employee About Why They Didn’t Report An Injury?
Question: If an employee retains an attorney due to minor injury on the job, and the employer was not made aware of this until they receive a call from the client, can the employer confront the employee about the situation?
Answer: It seems that the employee did not notify the employer of an injury and that the first knowledge the employer had was when the employee’s attorney called. The employer is understandably peeved about this and wants to know if it is alright to confront the employee.
Employees should always promptly notify their employer of a work-related injury, and failing to do so may cast doubt on an employee’s tardy injury claim. Nothing prohibits asking the employee why a report was not promptly made, but bear in mind that unless it can be shown there was no work-related injury or that a ridiculous amount of time elapsed between the injury and the claim, the employee will be entitled to workers compensation benefits.
This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504-585-0220 or by email at email@example.com.
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